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Demystifying the AI ​​Black Box: 7 Tips for Lawyers to Promote Explainable AI

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I stumbled across something really amazing when exploring the generative AI tool ChatGPT. My search for the “three greatest artists of all time” turned up a list of white European men: Leonardo da Vinci, Michelangelo Buonarroti, and Vincent van Gogh.

Important! Georgia O’Keeffe I would like a word, as if Frida Kahlo, Kara Walker, and many other great international artists of all races and genders.

ChatGPT’s response sheds light on some of the biases inherent within AI systems. Preventing bias is one of the main reasons why regulators stress the need for “explainable” AI.

But how can lawyers describe the inner mysteries of AI models when technology professionals refer to specific functions as the “black box of AI”? Here are seven tips to help you navigate the AI ​​black box and advance the use of explainable AI for a more inclusive future.

Accept the challenge of explainable AI

Legal practitioners play a vital role in ensuring that AI solutions adhere to the principles of fairness, impartiality, and unbiased decision-making. Regulations such as those in the EU Artificial Intelligence Act aim to hold AI technologies accountable for their own decision-making processes.

However, even the AI ​​experts who create and train AI black box models do not always fully understand its internal processes and decision-making mechanisms. Possible biases are not checked or challenged. A lack of accountability often makes black box use of AI inappropriate in areas such as healthcare, criminal justice, credit scoring, or recruitment processes.

But not all AI systems are impenetrable. Think of the “black box” metaphor as a call to action, rather than an insurmountable obstacle, as we strive toward enhancing the possibility of explaining AI. By accepting this challenge, you can lead efforts to bring greater transparency and accountability to AI.

Learn the basics of artificial intelligence

Learn basic AI concepts such as machine learning, deep learning, and natural language processing. Learn about ethical concerns like data privacy and algorithm biases. Education demystifies AI, enabling you to better interpret and explain AI to clients, colleagues, regulators and the public. (Check this out Resources and strategies Learn more about AI now.)

Collaboration with technology and artificial intelligence professionals

Work closely with data scientists, AI developers, and technology experts to learn about the key drivers behind AI decisions. They can help you translate technical jargon into understandable language, which is a huge benefit when explaining AI to clients and regulators. They can also help you set clear and realistic expectations about transparency, reliability, and fairness.

Proving the correctness and fairness of artificial intelligence

You may not be able to see or explain how the AI ​​model works, but you can still evaluate its results. Ensure technology professionals perform rigorous testing and validation of AI algorithms to identify and mitigate potential biases. These efforts generate evidence of fairness and effectiveness of AI to present to stakeholders.

Standardize AI reporting

Develop standardized formats for reporting AI output and explaining decision-making processes. Standards promote clarity and facilitate two-way communication between legal professionals, clients and regulators. Design these and other audit reports to emphasize key information and justification.

Prioritize transparent AI models

Whenever possible, choose to use transparent AI models that provide the clearest explanations for your decision-making process. Some applications may require complex AI models, but the number of explainable and explainable AI technologies is increasing.

Insist on transparency of sellers

Ask the vendors about the mechanisms behind their tools. Ask for clear details about how systems make decisions and process data. You may need to obtain detailed technical documentation and safeguards to comply with relevant regulations.

Implement ethically sound and explainable AI solutions

Striving for interpretability, advocating for regulations that promote transparency, and engaging in multidisciplinary collaborations with data scientists and technologists are all part of the solution.

Demystifying the AI ​​black box helps you ensure accountability, protect against biases, comply with regulations, and advocate for ethical practices in an increasingly AI-dependent world. This is one way that lawyers can help pave the way for a future where AI acts as a force for good while adhering to the principles of transparency, fairness and accountability.


Olga V. Mack is the Vice President at Lexis Nexis and CEO Barley ProNext-generation contract management company that pioneered online negotiation technology. Olga embraces legal innovation and has dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge stronger, more flexible and more inclusive than before by embracing technology. Olga is also an award-winning public counsel, operations specialist, startup advisor, public speaker, adjunct professor, and entrepreneur. founded Women serve on councils A movement advocating for women to be on the boards of directors of Fortune 500 companies. She authored Get on board: get your ticket to a seat on the company’s board of directors, Basics of smart contract securityAnd Blockchain Value: Transforming Business Models, Society, and Communities. She is working on Visual Intelligence for Lawyers, her upcoming book (ABA 2023). You can follow Olga on Twitter @olgavmack.

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